To: Poohbah
Yes, but the number 10 is not in the Constitution, it's just an arbitrary rule Kennedy cited. Not the Supreme Court's place to determine a numerical threshold, legislatures should do that.
To: VeritatisSplendor
Yes, but the number 10 is not in the Constitution, it's just an arbitrary rule Kennedy cited. Not the Supreme Court's place to determine a numerical threshold, legislatures should do that.They SHOULD do that.
But they haven't. They have REFUSED to do that.
Absent legislative action, the judiciary has to act, or the intent and letter of the Eighth Amendment is subverted.
28 posted on
04/07/2003 11:24:28 AM PDT by
Poohbah
(Crush your enemies, see them driven before you, and hear the lamentations of their women!)
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